Here’s a situation that many HR professionals dread: An employee complains about discrimination and you fix the problem. Then there are workplace changes and it looks as if the employee will lose her job. Should you worry about retaliation? Not so much that you start treating the employee with kid gloves.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former employees. It does.
Hesitant to fire an employee because of his race, religion or other protected characteristic? Don’t be. Employers with legitimate reasons to discharge someone generally win cases. That’s true even if the firing might appear discriminatory—such as when the sole fired employee happens to belong to a protected class.
Government employees have a few rights that private-sector employees lack. One is the right to “some sort of” hearing before being terminated. A public employee essentially gets the right to challenge the decision to terminate him before it is final. But what happens if the employee signs on to a so-called last-chance agreement?